HomeMy WebLinkAbout1992-162 CCR1
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Member Celia Scott
moved its adoption:
introduced the following resolution and
RESOLUTION NO. 92 -162
RESOLUTION AUTHORIZING SETTLEMENT OF CONDEMNATION ACTION;
REGARDING PROPERTY AT 69TH AVENUE NORTH AND BROOKLYN
BOULEVARD
WHEREAS, pursuant to Resolution No. 91 -216, adopted by the City
Council of the City of Brooklyn Center on September 9, 1991, the city attorney
initiated an action in eminent domain to acquire fee simple title to a portion
of Lots 6, 7 and 8 in Lane's Brooklyn Center Addition, together with temporary
construction and demolition easements; and
WHEREAS, the action is entitled City of Brooklyn Center v. Ernst.
Lane Ernst. et al., Hennepin County District Court File No. CD -2231; and
WHEREAS, the court- appointed commissioners have held hearings and
have rendered an award in the total amount of $180,275.00, including damages
and reimbursement of appraisal fees; and
WHEREAS, the fee owner of the property, Ernst, Lane Ernst, a
Minnesota partnership, disputes the adequacy of the award of commissioners;
and
WHEREAS, each of the parties to the action has the right to appeal
from the award of commissioners; and
WHEREAS, the City Council and Ernst, Lane Ernst desire to
compromise and settle the action in order to avoid further costs and
litigation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The mayor, city manager, city attorney, and city staff are
authorized to execute such documents as may be necessary to
settle the condemnation action on the following terms:
a. The City will pay to Ernst, Lane Ernst the total amount of
$215,000, which includes compensation for damages occasioned
to the property by the taking, interest, and reimbursement
of appraisal fees.
b. In ponsideration of said payment, Ernst, Lane Ernst will
convey to the City by deed that portion of the property
which is described in the petition, as amended, in the
condemnation action. In addition, Ernst, Lane Ernst will
convey to the City temporary construction easements over the
remainder of Lots 6, 7 and 8, will waive all rights to
appeal the award of commissioners, and will execute a
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RESOLUTION NO. 92 -162
July 13, 1992
Date
stipulation providing for the release to the City of the
funds now on deposit with the Hennepin County District
Court.
c. Ernst, Lane Ernst will undertake to pay from the $215,000
any and all monies to which its tenant, Tires Plus, is
entitled by law, including damages to the leasehold,
interest, and reimbursement for appraisal fees.
d. If Tires Plus files an appeal from the commissioners'
award, the settlement described above is null and void.
City Clerk
ATTEST:
The motion for the adoption of the foregoing resolution was duly seconded by
member Dave Rosene and upon vote being taken thereon, the
following voted in favor thereof:
Todd Paulson, Celia Scott, Dave Rosene, and Philip Cohen;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.